I have gone through the petition. The petitioner faces
indictment in a prosecution under
Section 8(1) & (2) of the
Kerala Abkari Act. Investigation is complete. Final report has
been
filed. Cognizance has been taken. The matter is pending
before the learned Magistrate as C.P.No.32 of 2006.
The
petitioner was allegedly not aware of the proceedings initiated
against him. Therefore
he did not appear before the learned
Magistrate. He finds himself in the unenviable predicament of a
warrant
of arrest issued by the learned Magistrate chasing him.
He is now willing and wants to surrender before the
learned
Magistrate, but he apprehends that the learned Magistrate may
not grant bail to him. In these circumstances,
it is prayed that
directions may be issued under Section 482 Cr.P.C to the
learned Magistrate to
release the petitioner on bail when he
appears before the learned Magistrate and applies for bail.

2. It is certainly for the petitioner to appear before the
learned Magistrate and explain to
the learned Magistrate the
circumstances under which he could not earlier appear
Crl.M.C.NO.3984
OF 2006 2
before the learned Magistrate. I have no reason to assume that
the learned Magistrate would
not consider the application for
bail on merits, in accordance with law and expeditiously. Every
court must
do the same. No special or specific directions
appear to be necessary. Sufficient general
directions have
already been issued in Alice George v. The Deputy
Superintendent of Police [2003(1)
KLT 339].

3. In the result, this Crl.M.C is dismissed. But with the
specific observation that if the petitioner surrenders
before the
learned Magistrate and applies for bail after giving sufficient
prior notice to the Prosecutor
in charge of the case, the learned
Magistrate must proceed to pass appropriate orders on merits, in
accordance with law
and expeditiously - on the date of surrender
itself.

(R.BASANT, JUDGE)

rtr/

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